Articles Posted in Indiana Medical Malpractice

A landmark decision from the Indiana Supreme Court outlines how medical malpractice victims may recover maximum compensation when more than one provider contributes to an injury. In Abbas v. Neter‑Nu, the court upheld a jury verdict in favor of the patient but clarified how prejudgment interest and liability caps apply when multiple healthcare professionals share…

In a recent Indiana Supreme Court case, the Court held that non-hospital medical entities that serve as a health care providers may be vicariously liable for physicians whom they independently contract with unless they give meaningful notice to the patient, the patient has independent special knowledge of the arrangement between the non-hospital medical entity and…

Accrual, which usually refers to the date that would give rise to a potential plaintiff’s right to bring a cause of action, can often change the circumstances surrounding whether a claim is viable or not in Indiana. For example, this inquiry is particularly relevant when time is of the essence in a medical malpractice lawsuit…

When someone is injured in an Indiana accident, typically the first question asked is, “who’s fault was it?”Although sometimes there is clearly a responsible party, other accidents may be the result of the negligence of multiple people, including the individual who was injured. While, under Indiana law, an injured party is allowed to bring a…

An insurance company providing Indiana medical malpractice coverage to a doctor, nurse, hospital or other health care provider in Indiana owes its clients a duty of care to carefully consider any injury or wrongful death claim and act in good faith to reach a fair resolution. If the insurer has exclusive control in settlement negotiations,…

Jurors in an Indiana medical malpractice lawsuit ruled against a now-deceased physician accused of performing an allegedly unnecessary surgery on a 16-year-old athlete. The South Bend Tribune reports the lawsuit was filed in June 2015. The defendant physician died about a year later, but the case continued against his estate. The plaintiffs alleged their athlete…

Preservation of the integrity of the judicial process means that jurors should only weigh that evidence which is considered relevant to the case. Extraneous information could be unfairly prejudicial. It’s the judge’s job to act as referee to make sure this doesn’t happen. Usually, the question of what can and cannot be heard by jurors…

It is not enough in medical malpractice lawsuits for the plaintiff to simply provide evidence of wrong-doing or negligence. Before you even get to court, your law firm must clear a number of critical hurdles. There are statutes of limitations on the lawsuit, but there are also numerous deadlines for various filings that must be…